HEROD v. MELE

CA 08-02502

2009 NY Slip Op 03582

RUDOLPH V. HEROD AND ARLENE HEROD, PLAINTIFFS-RESPONDENTS, v. MICHAEL C. MELE, COUNTY OF ORLEANS, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 1, 2009.


Attorney(s) appearing for the Case

WEBSTER SZANYI LLP, BUFFALO (MICHAEL P. MCCLAREN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

RICHARD G. BERGER, BUFFALO, FOR PLAINTIFFS-RESPONDENTS.

PRESENT: SCUDDER, P.J., MARTOCHE, FAHEY, PERADOTTO, AND GREEN, JJ.


It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of the motion for partial summary judgment dismissing the complaint against defendant Michael C. Mele and dismissing the complaint against that defendant and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries they sustained when the vehicle operated by plaintiff wife in which plaintiff...

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